Vincent E. Iorio, Inc. v. St. Vincent's Medical Center

Appellate Division of the Supreme Court of New York

Vincent E. Iorio, Inc. v. St. Vincent's Medical Center

51 A.D.2d 813, 380 N.Y.S.2d 261, 1976 N.Y. App. Div. LEXIS 11404

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 23, 1976

StatusPublished

This text of 51 A.D.2d 813 (Vincent E. Iorio, Inc. v. St. Vincent's Medical Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vincent E. Iorio, Inc. v. St. Vincent's Medical Center, 51 A.D.2d 813, 380 N.Y.S.2d 261, 1976 N.Y. App. Div. LEXIS 11404 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action inter alia by a builder to recover from the owner of certain property and its insurer for loss of earnings resulting from the partial destruction, by fire, of a building under construction, (1) plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County, entered November 6, 1975, as denied its motion for partial summary judgment and (2) defendants cross-appeal, as limited by their brief, from so much of the same order as denied their application for summary judgment. Order affirmed, without costs or disbursements. The decision of Mr. Justice Garbarino in the Richmond County action does not bar litigation in the instant action of the issue of whether the construction contract required defendant, St. Vincent’s Medical Center of Richmond, to obtain loss of earnings insurance for plaintiff. Plaintiff’s motion for partial summary judgment was therefore properly denied. We also believe that Special Term properly denied defendants’ application for summary judgment since a trial is necessary to determine the intent of the parties. Martuscello, Acting P. J., Latham, Cohalan, Rabin and Titone, JJ., concur.

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In an action inter alia by a builder to recover from the owner of certain property and its insurer for loss of earnings resulting from the partial destruction, by fire, of a building under construction, (1) plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County, entered November 6, 1975, as denied its motion for partial summary judgment and (2) defendants cross-appeal, as limited by their brief, from so much of the same order as denied their application for summary judgment. Order affirmed, without costs or disbursements. The decision of Mr. Justice Garbarino in the Richmond County action does not bar litigation in the instant action of the issue of whether the construction contract required defendant, St. Vincent’s Medical Center of Richmond, to obtain loss of earnings insurance for plaintiff. Plaintiff’s motion for partial summary judgment was therefore properly denied. We also believe that Special Term properly denied defendants’ application for summary judgment since a trial is necessary to determine the intent of the parties. Martuscello, Acting P. J., Latham, Cohalan, Rabin and Titone, JJ., concur.

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Bluebook (online)

51 A.D.2d 813, 380 N.Y.S.2d 261, 1976 N.Y. App. Div. LEXIS 11404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincent-e-iorio-inc-v-st-vincents-medical-center-nyappdiv-1976.